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(영문) 전주지방법원 2018.07.11 2018노472
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In light of the fact that the sentencing takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty, and the fact that the sentencing is determined after the appellate court’s ex post facto nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference from the appellate court’s opinion is somewhat different from the appellate court’s opinion, to refrain from imposing a sentence without any difference between the first instance judgment and the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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